[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75591-75592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29648]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-513 and 731-TA-1249 (Final)]


Countervailing Duty and Antidumping Duty Investigations; Sugar 
From Mexico; Scheduling of the Final Phase

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-513 and 731-TA-1249 (Final) under sections 705(b) and 731(b) of 
the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)) (the Act) to 
determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
subsidized and less-than-fair-value imports from Mexico of sugar, 
provided for in statistical subheadings 1701.12.1000, 1701.12.5000, 
1701.13.1000, 1701.13.5000, 1701.14.1000, 1701.14.5000, 1701.91.1000, 
1701.91.3000, 1701.99.1025, 1701.99.1050, 1701.99.5025, 1701.99.5050, 
and 1702.90.4000 of the Harmonized Tariff Schedule of the United 
States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``sugar derived from 
sugar cane or sugar beets. Sucrose gives sugar its essential 
character. Sucrose is a nonreducing disaccharide composed of glucose 
and fructose linked via their anomeric carbons. The molecular 
formula for sucrose is C12H220 11, 
the International Union of Pure and Applied Chemistry (IUPAC) 
International Chemical Identifier (InChI) for sucrose is 1S/
C12H22O11/c13-l-4-
6(16)8(18)9(19)11(21-4)23-12(3-15)10(20)7(17)5(2-14)22-12/h4-11,13-
20H,1-3H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/s1, the InChI Key for 
sucrose is CZMRCDWAGMRECN-UGDNZRGBSA-N, the U.S. National Institutes 
of Health PubChem Compound Identifier (CID) for sucrose is 5988, and 
the Chemical Abstracts Service (CAS) Number of sucrose is 57-50-1.
    Sugar within the scope of this investigation includes raw sugar 
(sugar with a sucrose content by weight in a dry state that 
corresponds to a polarimeter reading of less than 99.5 degrees) and 
estandar or standard sugar which is sometimes referred to as ``high 
polarity'' or ``semi-refined'' sugar (sugar with a sucrose content 
by weight in a dry state that corresponds to a polarimeter reading 
of 99.2 to 99.6 degrees). Sugar within the scope of this 
investigation includes refined sugar with a sucrose content by 
weight in a dry state that corresponds to a polarimeter reading of 
at least 99.9 degrees. Sugar within the scope of this investigation 
includes brown sugar, liquid sugar (sugar dissolved in water), 
organic raw sugar and organic refined sugar.
    Inedible molasses is not within the scope of this investigation. 
Specialty sugars, e.g., rock candy, fondant, sugar decorations, are 
not within the scope of this investigation. Processed food products 
that contain sugar, e.g., beverages, candy, cereals, are not within 
the scope of this investigation.''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES: Effective Dates: Monday, November 03, 2014.

FOR FURTHER INFORMATION CONTACT: Amy Sherman (202-205-3289), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for these investigations may 
be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.


SUPPLEMENTARY INFORMATION:

[[Page 75592]]

    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are 
being provided to manufacturers, producers, or exporters in Mexico of 
sugar, and that such products are being sold in the United States at 
less than fair value within the meaning of section 733 of the Act (19 
U.S.C. 1673b). The investigations were requested in a petition filed on 
Friday, March 28, 2014, by the American Sugar Coalition and its 
members: American Sugar Cane League, Thibodaux, LA; American Sugarbeet 
Growers Association, Washington, DC; American Sugar Refining, Inc., 
West Palm Beach, FL; Florida Sugar Cane League, Washington, DC; 
Hawaiian Commercial and Sugar Company, Puunene, HI; Rio Grande Valley 
Sugar Growers, Inc., Santa Rosa, TX; Sugar Cane Growers Cooperative of 
Florida, Belle Glade, FL; and United States Beet Sugar Association, 
Washington, DC.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on Tuesday, 
March 3, 2015, and a public version will be issued thereafter, pursuant 
to section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Tuesday, 
March 17, 2015, at the U.S. International Trade Commission Building. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before Wednesday, March 11, 2015. A 
nonparty who has testimony that may aid the Commission's deliberations 
may request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on Friday, March 13, 2015, at the U.S. International Trade 
Commission Building. Oral testimony and written materials to be 
submitted at the public hearing are governed by sections 201.6(b)(2), 
201.13(f), and 207.24 of the Commission's rules. Parties must submit 
any request to present a portion of their hearing testimony in camera 
no later than 7 business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is Tuesday, March 10, 2015. Parties may 
also file written testimony in connection with their presentation at 
the hearing, as provided in section 207.24 of the Commission's rules, 
and posthearing briefs, which must conform with the provisions of 
section 207.25 of the Commission's rules. The deadline for filing 
posthearing briefs is Tuesday, March 24, 2015. In addition, any person 
who has not entered an appearance as a party to the investigations may 
submit a written statement of information pertinent to the subject of 
the investigations, including statements of support or opposition to 
the petition, on or before Tuesday, March 24, 2015. On Wednesday, April 
8, 2015, the Commission will make available to parties all information 
on which they have not had an opportunity to comment. Parties may 
submit final comments on this information on or before Friday, April 
10, 2015, but such final comments must not contain new factual 
information and must otherwise comply with section 207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of section 201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of sections 
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's 
Handbook on E-Filing, available on the Commission's Web site at http://edis.usitc.gov, elaborates upon the Commission's rules with respect to 
electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: December 15, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-29648 Filed 12-17-14; 8:45 am]
BILLING CODE 7020-02-P